Comments/assistance with the following scenario would be much appreciated:
H dies leaving residuary estate as to 50% to each of his two children (B1 and B2). B1 subsequently dies intestate and his entire estate passes to wife. Wife now wants to vary either her or her late husband’s estate so that the 50% that came to B1 can be “returned” to B2. Can wife enter a deed of variation as B1’s personal representative if no grant of probate for B1s estate has or will be applied for? If the court have not appointed her administrator, does she have any authority to sign the deed on his behalf? Or must she instead vary her own entitlement from B1’s estate and make a notional will redirecting the 50% of residue from the original estate back to B2?
With thanks in advance for your comments.